Indiana criminal charge
Unlawful carrying of a handgun in Indiana
Unlawful carrying of a handgun is a criminal offense under Indiana law, defined by Ind. Code § 35-47-2-1.5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-47-2-1.5.
What is the penalty for unlawful carrying of a handgun in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Unlawful carrying of a handgun (base offense) — A person who violates this section by knowingly or intentionally carrying a handgun while falling into one of the prohibited categories under subsection (b) commits unlawful carrying of a handgun as a Class A misdemeanor.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Unlawful carrying of a handgun (base offense) — A person who violates this section by knowingly or intentionally carrying a handgun while falling into one of the prohibited categories under subsection (b) commits unlawful carrying of a handgun as a Class A misdemeanor.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 1 years to 6 years (Unlawful carrying of a handgun on/near school property or school bus — The offense is elevated to a Level 5 felony if committed on or in school property, within 500 feet of school property, or on a school bus.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Unlawful carrying of a handgun on/near school property or school bus — The offense is elevated to a Level 5 felony if committed on or in school property, within 500 feet of school property, or on a school bus.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Unlawful carrying of a handgun with prior conviction or felony history — The offense is elevated to a Level 5 felony if the person has a prior conviction under this section or related handgun carrying provisions, or has been convicted of a felony within fifteen years before the date of the offense.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Unlawful carrying of a handgun with prior conviction or felony history — The offense is elevated to a Level 5 felony if the person has a prior conviction under this section or related handgun carrying provisions, or has been convicted of a felony within fifteen years before the date of the offense.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is unlawful carrying of a handgun classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful carrying of a handgun (base offense) | Class A Misdemeanor | A person who violates this section by knowingly or intentionally carrying a handgun while falling into one of the prohibited categories under subsection (b) commits unlawful carrying of a handgun as a Class A misdemeanor. | Ind. Code § 35-47-2-1.5(e) |
| Unlawful carrying of a handgun on/near school property or school bus | Level 5 Felony | The offense is elevated to a Level 5 felony if committed on or in school property, within 500 feet of school property, or on a school bus. | Ind. Code § 35-47-2-1.5(e) |
| Unlawful carrying of a handgun with prior conviction or felony history | Level 5 Felony | The offense is elevated to a Level 5 felony if the person has a prior conviction under this section or related handgun carrying provisions, or has been convicted of a felony within fifteen years before the date of the offense. | Ind. Code § 35-47-2-1.5(e) |
Common questions about unlawful carrying of a handgun in Indiana
Is unlawful carrying of a handgun a felony or a misdemeanor in Indiana?
It depends on the circumstances: unlawful carrying of a handgun ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-47-2-1.5.
Unlawful carrying of a handgun (base offense): Class A Misdemeanor (Ind. Code § 35-47-2-1.5(e)) · Unlawful carrying of a handgun on/near school property or school bus: Level 5 Felony (Ind. Code § 35-47-2-1.5(e)) · Unlawful carrying of a handgun with prior conviction or felony history: Level 5 Felony (Ind. Code § 35-47-2-1.5(e))
What are the penalties for unlawful carrying of a handgun in Indiana?
Which Indiana statute covers unlawful carrying of a handgun?
Unlawful carrying of a handgun is governed by Ind. Code § 35-47-2-1.5 (Unlawful carrying of a handgun).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.